BILL ANALYSIS Ó AB 566 Page 1 Date of Hearing: April 25, 2011 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 566 (Galgiani) - As Amended: March 22, 2011 SUBJECT : Resources: surface mining SUMMARY : Requires the State Mining and Geology Board (Board) to provide information on local mineral deposits to local governments and metropolitan planning organizations (MPO) within 30 days of a request for the information. EXISTING LAW : Under the Surface Mining and Reclamation Act of 1975 (SMARA) (Public Resources Code 2710 et. seq.): 1)Governs surface mining operations and reclamation of mined lands. 2)Requires the Office of Planning and Research (OPR) to identify areas within the state that are urbanized or are subject to urban expansion or other irreversible land uses that would preclude mineral extraction. 3)Requires the State Geologist to classify each area identified by OPR as (1) an area that contains mineral deposits and is not of regional or statewide significance; (2) an area that contains mineral deposits and is of regional or statewide significance; or (3) areas containing mineral deposits, the significance of which requires further evaluation. 4)Defines "area of regional significance" and "area of statewide significance" as areas designated by the Board that are known to contain deposits of minerals that are of prime importance in meeting future needs for minerals either in a region or the state and, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals. 5)Requires the State Geologist to transmit the information regarding mineral land classification to the Board for incorporation into the state policy for the reclamation of mined lands and for transmittal to lead agencies (i.e. the public agencies that have the principal responsibility for approving reclamation plans). AB 566 Page 2 6)Requires a lead agency, within 12 months of receiving mineral land classification information, to establish mineral resources management policies in its general plan that will, among other things, assist in the management of land use that affect areas of statewide and regional significance and emphasize the conservation and development of identified mineral deposits. THIS BILL : 1)Requires the Board to transmit mineral land classification information to a lead agency or MPO within 30 days of receiving a request for mineral land classification information identified within the jurisdiction of the lead agency or MPO. FISCAL EFFECT : Unknown COMMENTS : 1)Background. Under existing law, the mineral land classification process identifies lands that contain economically significant mineral deposits. The classification process includes an assessment of the quantity, quality, and extent of aggregate deposits in a study area. The primary goal of mineral land classification is to ensure that the mineral resource potential of lands is recognized and considered in land-use planning. According to California Geological Survey, since its inception in 1978, the Mineral Land Classification Project has completed 97 classification studies covering approximately 34% of the state. Thirty-two of these studies, covering about 25% of the state, contain resource areas that provide construction aggregate to over 90% of California's population. Although all mineral commodities mined in California are studied, special emphasis has been given to construction aggregate because it is the state's most important mineral commodity in terms of tonnage, value, and societal infrastructure. As California's population continues to expand, the demand for minerals-especially building construction minerals such as aggregate-will similarly grow. Over 90% of these essential construction resources are transported by truck, which is expensive and tolling on the environment, especially if brought from distant sources. It would be economically and AB 566 Page 3 environmentally preferable if sand, gravel, and crushed stone resources were mined in closer proximity to development projects to eliminate the need for long distance hauling. 2)Benefits of Local Construction Aggregate. According to a document produced by the California Department of Transportation (CalTrans) in 2007 regarding construction aggregate, "permitting new aggregate sites would lead to shorter haul distance." The average haul distance for aggregate in California may be as high as 50 miles. CalTrans' calculations show that if the average hauling distance was reduced by just 15 miles, aggregate-truck miles would decrease by 282 million miles per year, annual diesel fuel consumption would decrease by 44 million gallons, and truck emissions would decrease by approximately 835.4 tons a year. 3)Using Mineral Land Classification Information. A lead agency may use mineral land classification information to determine if and where it can utilized local construction aggregate for local projects. Use of local construction aggregate would avoid or mitigate the economic and environmental costs of acquiring the same materials from non-local sources. According to the author, many of the mineral land classification reports were originally transmitted to lead agencies decades ago and may no longer be available for local government planning activities. Additionally, MPOs may have never received these reports as they were transmitted only to local agencies. MPOs are now required to gather and analyze information on mineral resources designated by the Board in their regions during their sustainable community development process. The bill would give lead agencies and MPOs the ability to obtain mineral land classification information within 30 days of requesting the information from the Board. AB 566 Page 4 REGISTERED SUPPORT / OPPOSITION : Support California Construction and Industrial Materials Association Opposition None on file Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916) 319-2092